Allahabad High Court
Punvasi vs State Of U.P. on 4 November, 2022
Bench: Ajit Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 67
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49299 of 2022
Applicant :- Punvasi
Opposite Party :- State of U.P.
Counsel for Applicant :- Yadvesh Yadav
Counsel for Opposite Party :- G.A., Ashish Kumar Gupta
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, Sri Ashish Kumar Gupta, learned counsel for the informant and the learned A.G.A.
This is a bail application on behalf of the applicant Punvasi in connection with Case Crime No.117 of 2022, under Sections 302, 376 and 379 I.P.C., Police Station Choubepur, district Varanasi.
The first information report of this incident was lodged by the informant against two named accused persons including the applicant. It was alleged in the first information report that on 24.03.2022 her daughter was sleeping on the roof top. It was further alleged that some unknown person had murdered her by strangulation.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case just because the applicant was having love relations with the alleged victim. He submitted that there is no direct evidence against the applicant. His implication in the present case is based only upon suspicion. He submitted that no incriminating article or material has been recovered either from the applicant or on his pointing out. He submitted that there is no evidence against the applicant that either the applicant was seen committing the murder or he was seen near the place of incident, just or after the incident. He submitted that it is blind murder and the deceased was done to death by some unknown person when the deceased was sleeping on the roof top of her house. He submitted that co-accused Anjani Sahni who has been admitted to the concession of bail by another Bench of this Court by order dated 13.09.2022 passed in Criminal Misc. Bail Application No.33554 of 2022, copy whereof has been annexed on page no.77 onward of the paper book and role assigned to applicant is similar to role of other co-accused, who has already been enlarged on bail. He claims parity. He submitted that He submitted that applicant is languishing in jail since 27.03.2022, hence he is entitled to be released on bail and he will not misuse the liberty of bail and will cooperate in the trial.
Learned counsel for the informant and learned A.G.A. have opposed the bail plea. However, learned A.G.A. does not dispute the factum of parity.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, submission of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018 (3), SCC, 2 and recent judgment of the Apex Court in the case of Satendra Kumar Antil Vs. C.B.I. passed in S.L.P. (Crl.) No.5191 of 2021 and also the fact that aforesaid co-accused has been admitted to the concession of bail by this Court, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Punvasi involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses;
iii) The applicant shall appear on the date fixed by the trial court;
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;
v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 4.11.2022
R./
